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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
B.Nanja Reddy – Appellant
Versus
Manjula – Respondent
| Table of Content |
|---|
| 1. petitioner's application for written statement amendment. (Para 1 , 3) |
| 2. parties' arguments on amendment necessity and implications. (Para 2 , 5) |
| 3. court's analysis of proposed amendment. (Para 4) |
| 4. contradiction in defendant's pleadings and implications. (Para 6) |
ORDER :
M.NAGAPRASANNA, J.
Petitioner is before this Court calling in question an order dated 07.04.2025 by which the application filed in O.S.No.324/2011 by the petitioner-defendant No.3 under Order VI Rule 17 of CPC comes to be rejected by the Principal Senior Civil Judge & JMFC, Anekal.
2. Heard Sri.Kushalappa B.M., learned counsel for the petitioner and Sri.H.P.Leeladhar, learned counsel for the respondent Nos.4, 12 & 13.
3. A suit in O.S.No.324/2011 by the plaintiffs seeking partition and separate possession. The petitioner enters appearance, files his written statement in the year 2017, five years thereafter seeks to file an application under Order VI Rule 17 of CPC seeking amendment of the written statement and would submit that the concerned Court, owing to the objections filed by the co-defendant, rejects the application on the score that the amendment so sought, would be hit by proviso to Rule 17 o
Amendments to pleadings must not change the fundamental nature of the case or introduce contradictory claims and should be sought diligently within the timeframe set by law.
Amendments to pleadings cannot withdraw clear admissions made earlier, as it would be prejudicial to the opposing party; such amendments must align with the CPC regulations.
The court affirmed that amendments to pleadings should be allowed liberally to ensure effective adjudication of the real questions in controversy, provided they do not cause injustice to the other si....
Amendment of plaint cannot be allowed where proposed amendment is not a product of subsequent event.
Practice and Procedure - Amendment petition rejected - Without any controversy, it may be said that proposed amendment is not a product of subsequent event, and learned court below having considered ....
Amendments to pleadings must be made in good faith and should not cause prejudice to the opposing party, especially if they seek to withdraw prior admissions.
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
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